Rule 3-3 - PROCEDURE FOR FILING INFORMATION AFTER COUNTY COURT PROCEEDINGS; MULTIPLE FILINGS AGAINST SAME DEFENDANT(a) If a case concerning a defendant is filed in the county court and a district court division is assigned, and thereafter the District Attorney elects to file an information against the defendant concerning that same incident, the following procedure shall apply:(i) The District Attorney shall obtain a photocopy of the County Court Registry of Actions and present it to the district judge at the time the information is presented for permission to file; and (ii) The district judge shall order that the case be assigned to the district court division which was assigned in the county court file.(b) If a defendant has an "active" criminal case and the District Attorney files a new criminal case against the same defendant, the District Attorney will so inform the clerk of the court, who will assign the new case to the same division as the active case accompanied by a "green sheet" identifying the previously filed active case. (i) An "active case" for purposes of this assignment system is a case in a following status: (A) A case in which the defendant has not yet been sentenced;(B) A case in which the defendant is on probation, on a deferred judgment, or in a community corrections program. (ii) If the defendant has more than one "active" case, and they are not in the same division, the new case will be assigned to the division with the most recently filed case (the highest case number).(iii) If the new case has multiple defendants and one or more of them have "active" cases, the following special rules will apply:(A) The "green sheet" policy will be initiated only if one of the defendants has a previously filed case that has not been resolved by please or trial (please note this is not the same as an "active" case as defined above). If there are no previously filed cases in this status, the new case will be assigned in the normal manner; and/or(B) If only one of the defendants has a previously filed case that has not been resolved by plea or trial, the new case will be assigned to that division; and/or(C) If more than one defendant has a previously filed case that has not been resolved by plea or trial, the new case will be assigned to the division with the most recently filed case (the highest case number).(iv) If a defendant in a fugitive case has local charges pending, the fugitive case will be assigned to the division handling the local charges.Local. R. Jud. Dist. Colo. 3-3
Adopted en banc 9/2/2003; Approved by the Colorado Supreme Court Pursuant to C.R.C.P. § 121(b), 11/18/2004, effective 1/1/2005.